In addition to any other penalties or fines imposed
for the violation of this chapter, the provisions of this section
shall apply to the following categories of vehicles:
Vehicles operated or parked on any public street,
public highway, any portion of the entire width between the boundary
lines of any way publicly maintained when any part thereof is open
to the use of the public for purposes of vehicular travel or on any
property leased by or in the possession and control of the Village
of Lawrence in violation of any provision of any local law, state
law, rule or relation.
Vehicles which have three or more outstanding
and unpaid parking violations issued against them and which, after
mailing to the registered owner a final notice, are found operated
or parked on any public street, public highway, any portion of the
entire width between the boundary lines of any way publicly maintained
when any part thereof is open to the use of the public for purposes
of vehicular travel or on any property leased by or in the possession
and control of the Village of Lawrence.
Any such vehicle may be removed or caused to be removed
by or under the direction of the Village Administrator by towing or
otherwise. In addition to or in lieu of towing, any such vehicle may
be immobilized in such manner as to prevent its operation, except
that no such vehicle shall be immobilized by any means other than
by the use of a device or other mechanism which will cause no damage
to such vehicle unless it is moved while such device or mechanism
is in place. In any case involving immobilization of a vehicle pursuant
to this subsection, such Village employee shall cause to be placed
on such vehicle, in a conspicuous manner, notice sufficient to warn
any individual to the effect that any attempt to move such vehicle
might result in damage to such vehicle.
Within 24 hours after towing or immobilization, the
Village Administrator shall notify the owner of such vehicle of the
fact of its towing or immobilization, the place where it may be recovered
and the conditions under which it will be released.
Before the owner or person in charge of any
vehicle taken into custody or immobilized as above provided shall
be allowed to repossess or to secure the release of said vehicle,
the owner or his/her agent shall pay the following:
No such vehicle shall be released until the
owner or his agent has established his identity and right to possession
and signed a proper receipt therefor.
Any person who, after having had his vehicle towed or immobilized, shall remove such vehicle without complying with Subsection D(1) and (2), shall, in addition to the charges provided for in said subsection, be liable for any damage done to the immobilization device or mechanism and shall be subject to a fine of up to a maximum of $1,000.
If an impounded vehicle has not been properly and lawfully released within 10 days after the Village Administrator notifies the owner of such vehicle of the impounding pursuant to Subsection C above, then such vehicle shall be deemed to be an abandoned motor vehicle.
The Village Administrator shall notify the last owner, if known, that the vehicle has been recovered as an abandoned vehicle and that, if it is not claimed, it will be sold at public auction, by bid, or the ownership of such vehicle may be transferred to the tow company in lieu of towing and storage charges after 10 days from the date of notice. If the agency notified as per Subsection F(1) above notifies the Village Administrator that a lien or other security interest exists, a notice will be promptly sent to the lienholder or party in interest. This notice shall be given in the manner presented by the Commissioner of Motor Vehicles. Any party claiming the abandoned vehicle shall be required to pay the amounts described in Subsection D(1) above.
If the Village Administrator determines that
an abandoned vehicle is not suitable for operation on the public highways,
it shall sell the vehicle or cause the vehicle to be delivered to
a vehicle dismantler or scrap processor who is registered or certified
pursuant to the Vehicle and Traffic Law § 415-a.
All sums legally due the Village
of Lawrence for parking violations issued and outstanding against
such vehicle and the impound administrative fee; then
The Village may convert in any
calendar year up to 1% of its unclaimed abandoned vehicles not affected
by Subdivision 2 of § 1224 of the Vehicle and Traffic Law
or two such vehicles, whichever is greater, to its own use.
Any proceeds from the sale of an
abandoned vehicle less expenses incurred by the Village shall be held
by the Village without interest for the benefit of the owner of such
vehicle for a period of one year. If not claimed within such one-year
period, such proceeds shall be paid into the general fund of the Village.